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Every DWI involves an administrative case before the Missouri Department of Revenue and a criminal case. Each of these cases is critically important and must be addressed separately.
- Administrative Case:
The administration proceeding involves your drivers license privilege through the Department of Revenue ("DOR"). A DWI arrest results in a suspension of your drivers license unless you timely appeal. The suspension will occur regardless whether you took the breath test and failed, or refused the test. If you refuse the breath test, your drivers license will be revoked for 1 year. You have only 30 days to appeal the 1 year suspension by filing a Petition for Review with the court. If you take the breath test and fail (the reading shows a blood-alcohol reading of .08 or higher), your license will be suspended for 90 days. You have only 15 days to appeal the 90 day suspension with the DOR. If you fail to file a timely appeal of your license suspension, you will lose the right to appeal.
- Criminal Case:
The criminal case involves criminal charges brought against you by the State through the Court. The Court proceedings resulting from the criminal charges will depend on the jurisdiction (location) where you received the DWI citation and whether you are represented by an attorney. If you are represented by an attorney, the attorney will make most Court appearances on your behalf, and you will likely only be required to appear in Court for trial or to accept your Plea Bargain after the details are largely agreed to by the Prosecuting Attorney in advance. If you do not hire an attorney, you must attend Court appearances in person. Courts cannot give you legal advice regarding your case.
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